Contents
Convention adoptions
3Convention adoption orders#
After Article 16 of the 1987 Order (parental agreement) there shall be inserted the following Article—“16A An adoption order shall be made as a Convention adoption order if—a the application is for a Convention adoption order; andb any prescribed requirements are complied with.”
4Effect of Convention adoptions#
(1)In paragraph (1) of Article 39 of the 1987 Order (meaning of “adoption” for purposes of provisions relating to status of adopted children), after sub-paragraph (c) there shall be inserted the following sub-paragraph—“cc which is a Convention adoption; or”
(2)In paragraph (2) of Article 40 of that Order (status conferred by adoption), for the words “paragraph (3)” there shall be substituted the words “paragraphs (3) and (3A)”.
(3)After paragraph (3) of that Article there shall be inserted the following paragraphs—“3A Where, in the case of a Convention adoption, the High Court is satisfied, on an application under this paragraph—a that under the law of the country in which the adoption was effected the adoption is not a full adoption;b that the consents referred to in Article 4(c) and (d) of the Convention have not been given for a full adoption, or that the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention); andc that it would be more favourable to the adopted child for a direction to be given under this paragraph,the High Court may direct that paragraph (2) shall not apply, or shall not apply to such extent as may be specified in the direction.3B In paragraph (3A) “full adoption” means an adoption by virtue of which the adopted child falls to be treated in law as if he were not the child of any person other than the adopters or adopter.3C The following provisions of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4)—a Article 35 (provisions relating to the Attorney-General); andb Article 36 (supplementary provisions as to declarations),shall apply in relation to, and to an application for, a direction under paragraph (3A) as they apply in relation to, and to an application for, a declaration under Part V of that Order.”
5Annulment, etc., of Convention adoptions, etc.#
After Article 55 of the 1987 Order (revocation of adoptions on legitimation) there shall be inserted the following Articles—“55A 1 The High Court may, on an application under this paragraph, by order annul a Convention adoption or a Convention adoption order on the ground that the adoption or order is contrary to public policy.2 The High Court may, on an application under this paragraph—a order that an overseas adoption or a determination shall cease to be valid in Northern Ireland on the ground that the adoption or determination is contrary to public policy or that the authority which purported to authorise the adoption or make the determination was not competent to entertain the case;b decide the extent, if any, to which a determination has been affected by a subsequent determination.3 Except as provided by this Article the validity of a Convention adoption, a Convention adoption order, an overseas adoption or a determination shall not be impugned in proceedings in any court in Northern Ireland.55B 1 Any application for an order under Article 55A or a decision under paragraph (2)(b) of that Article shall be made in the prescribed manner and within such period, if any, as may be prescribed.2 No application shall be made under Article 55A(1) unless immediately before the application is made the person adopted or the adopter habitually resides in Northern Ireland or, as the case may be, both adopters habitually reside there.3 In deciding in pursuance of Article 55A whether such an authority as is mentioned in Article 58ZB was competent to entertain a particular case, the court shall be bound by any finding of fact made by the authority and stated by the authority to be so made for the purpose of determining whether the authority was competent to entertain the case.4 In Article 55A “determination” means such a determination as is mentioned in Article 58ZB.”
6Meaning of “Convention adoption” and related expressions in 1987 Order#
In Article 2(2) of the 1987 Order (interpretation), after the definition of “child” there shall be inserted the following definitions—““the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993;“Convention adoption” means an adoption effected under the law of a Convention country outside the United Kingdom, the Channel Islands and the Isle of Man and certified in pursuance of Article 23(1) of the Convention;“Convention adoption order” means an adoption order made in accordance with Article 16A;“Convention country” means any country or territory in which the Convention is in force;”
Implementation of Convention
1Regulations giving effect to Convention#
(1)Subject to the provisions of this Act, regulations made by the Department of Health, Social Services and Public Safety ( “the Department”) may make provision for giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993 ( “the Convention”).
(2)The text of the Convention (so far as material) is set out in the Schedule.
(3)Regulations under this section may—
(a)apply, with or without modifications, any statutory provision relating to adoption;
(b)provide that any person who contravenes any provision of the regulations is to be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both; and
(c)make such incidental, supplementary, consequential or transitional provision as appears to the Department to be expedient.
(4)Regulations under this section shall be subject to negative resolution.
(5)Any power to make subordinate legislation under or for the purposes of any statutory provision relating to adoption includes power to do so with a view to giving effect to the provisions of the Convention.
2Central Authority and accredited bodies#
(1)The functions under the Convention of the Central Authority shall be discharged in relation to Northern Ireland by the Department.
(2)A communication may be sent to the Central Authority in relation to Northern Ireland by sending it to the Central Authority in relation to England (for forwarding to the Central Authority in relation to Northern Ireland).
(2A)A voluntary adoption agency in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 is an accredited body for the purposes of the Convention if, in accordance with the conditions of the registration, the agency may provide facilities in respect of Convention adoptions and adoptions effected by Convention adoption orders.
(3)A registered adoption society is an accredited body for the purposes of the Convention if its registration extends to the provision of facilities in respect of Convention adoptions and adoptions effected by Convention adoption orders.
(4)The functions under Article 9(a) to (c) of the Convention are to be discharged by Boards, HSC trust and accredited bodies on behalf of the Central Authority.
(5)In this section “voluntary adoption agency” has the same meaning as in the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; and expressions which are also used in the Adoption (Northern Ireland) Order 1987 (NI 22) (“the 1987 Order”) have the same meaning as in that Order.
Intercountry adoptions
7Adoption Service to include intercountry adoptions etc.#
In Article 3 of the 1987 Order (Adoption Service), after paragraph (2) there shall be inserted the following paragraph—“2A In this Part references to adoption are to the adoption of children, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the United Kingdom, the Channel Islands and the Isle of Man.”
8Registration of adoption societies to provide intercountry adoption services#
note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9Six months residence required for certain intercountry adoptions#
In Article 13 of the 1987 Order (child to live with adopters before order made), after paragraph (3) there shall be added the following paragraph—“4 In relation to—a an adoption proposed to be effected by a Convention adoption order; orb an adoption of a child habitually resident outside the United Kingdom, the Channel Islands and the Isle of Man which is proposed to be effected by an adoption order other than a Convention adoption order,paragraph (1) shall have effect as if the reference to the preceding 13 weeks were a reference to the preceding 6 months.”
10Registration of certain intercountry adoptions#
(1)In Article 50 of the 1987 Order (Adopted Children Register), in paragraph (1)(a) for the words from “shall be made” to “no other entries” there shall be substituted the following words“such entries as may be— i directed to be made in it by adoption orders, orii required to be made under Article 53,and no other entries, shall be made”
(2)In Article 53 of that Order (registration of adoptions made outside Northern Ireland)—
(a)after paragraph (3) there shall be inserted the following paragraphs—“3A If the Registrar General is satisfied, on an application under this paragraph, that he has sufficient particulars relating to a child adopted under a registrable foreign adoption to enable an entry in the form set out in Schedule 2 to be made in the Adopted Children Register for the child—a he shall make the entry accordingly; andb if he is also satisfied that an entry in the Register of Births relates to the child, he shall mark the entry “Adopted” or “Re-adopted”, as the case may be, followed by the name in brackets of the country in which the adoption was effected.3B An application under paragraph (3A) shall be made, in the prescribed manner, by a prescribed person and give the prescribed particulars.3C If the Registrar General is satisfied—a that a Convention adoption, a Convention adoption order or an overseas adoption has ceased to have effect, whether on annulment or otherwise; orb that any entry or mark was erroneously made in pursuance of paragraph (3A) in any register mentioned in that paragraph,he may cause such alterations to be made in any such register as he considers are required in consequence of the cesser or to correct the error; and where an entry in such a register is amended in pursuance of this paragraph, any copy or extract of the entry shall be deemed to be accurate if and only if it shows the entry as amended but without indicating that it has been amended.3D In this Article “registrable foreign adoption” means a Convention or overseas adoption which satisfies prescribed requirements.”
(b)in paragraph (4) for the words “and (3)” there shall be substituted the words “, (3) and (3C)”.
11Construction of certain references#
In Article 2 of the 1987 Order (interpretation), after paragraph (3) there shall be inserted the following paragraphs—“3A In this Order, in relation to the proposed adoption of a child resident outside the United Kingdom, the Channel Islands and the Isle of Man, references to arrangements for the adoption of a child include references to arrangements for an assessment for the purpose of indicating whether a person is suitable to adopt a child or not.3B In this Order, in relation to—a an adoption proposed to be effected by a Convention adoption order; orb an adoption of a child habitually resident outside the United Kingdom, the Channel Islands and the Isle of Man which is proposed to be effected by an adoption order other than a Convention adoption order,references to a child placed with any persons by an adoption agency include references to a child who, in pursuance of arrangements made by such an agency, has been adopted by or placed with those persons under the law of a country or territory outside the United Kingdom, the Channel Islands and the Isle of Man.”
Miscellaneous and supplementary
12Restriction on bringing children into the United Kingdom for adoption#
After Article 58 of the 1987 Order (restriction on removal of children for adoption outside Northern Ireland) there shall be inserted the following Article—“58ZA 1 A person habitually resident in the British Islands who at any time brings into the United Kingdom for the purpose of adoption a child who is habitually resident outside those Islands shall be guilty of an offence unless such requirements as may be prescribed are satisfied either—a before that time; orb within such period beginning with that time as may be prescribed.2 Paragraph (1) does not apply where the child is brought into the United Kingdom for the purpose of adoption by a parent, guardian or relative.3 A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.4 Proceedings for an offence under this Article may be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the prosecution to warrant the proceedings came to its knowledge; but no such proceedings shall be brought by virtue of this paragraph more than 3 years after the commission of the offence.5 In this Article “the British Islands” means the United Kingdom, the Channel Islands and the Isle of Man.”
13Effect of determinations in Convention countries, etc.#
After Article 58ZA of the 1987 Order (inserted by Article 12) (restriction on bringing children into the United Kingdom for adoption) there shall be inserted the following Article—“58ZB Where—a an authority of a Convention country (other than the United Kingdom) having power under the law of that country—i to authorise, or review the authorisation of, a Convention adoption; orii to give or review a decision revoking or annulling such an adoption or a Convention adoption order; orb an authority of any of the Channel Islands, the Isle of Man or any colony having power under the law of that territory—i to authorise, or review the authorisation of, a Convention adoption or an adoption effected in that territory; orii to give or review a decision revoking or annulling such an adoption or a Convention adoption order,makes a determination in the exercise of that power, then, subject to Article 55A and any subsequent determination having effect under this Article, the determination shall have effect in Northern Ireland for the purpose of effecting, confirming or terminating the adoption in question or confirming its termination as the case may be.”
14Minor and consequential amendments and repeals#
(1)In Article 2(2) of the 1987 Order (interpretation)—
(a)after the definition of “order freeing a child for adoption” there shall be inserted the following definition—““overseas adoption” means an adoption which is an overseas adoption for the purposes of the Adoption Act 1976 or the Adoption (Scotland) Act 1978;”
(b)in the definition of “prescribed”, after “4,” there shall be inserted “16A, 58ZA”.
(2)In Article 33(1) of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4) (declarations as to adoptions effected overseas), for sub-paragraph (a) there shall be substituted the following sub-paragraph—“a a Convention adoption as defined by Article 2(2) of the Adoption (Northern Ireland) Order 1987 or an overseas adoption as so defined; or”
(3)The following provisions of the Adoption (Hague Convention) Act (Northern Ireland) 1969 (c. 22) are hereby repealed—
(a)in section 5(1), the words “or a specified order” in paragraph (a) and the words “a specified order” in paragraph (b); and
(b)section 8(1).
(4)In Article 39(1) of the 1987 Order, the word “or” at the end of sub-paragraph (c) is hereby repealed.
15Interpretation#
In this Act—• “the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993;• “the Department” means the Department of Health, Social Services and Public Safety;• “the 1987 Order” means the Adoption (Northern Ireland) Order 1987 (NI 22);• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
16Short title and commencement#
(1)This Act may be cited as the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001.
(2)This Act, except this section and section 15, shall come into operation on such day or days as the Department may by order appointnote.
Schedule · Convention on protection of children and co-operation in respect of intercountry adoption
Chapter I · Scope of the convention
Article 1
Article 2
(1)The Convention shall apply where a child habitually resident in one Contracting State ( “the State of origin”) has been, is being, or is to be moved to another Contracting State ( “the receiving State”) either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin.
(2)The Convention covers only adoptions which create a permanent parent-child relationship.
Article 3
Chapter II · Requirements for intercountry adoptions
Article 4
Article 5
Chapter III · Central authorities and accredited bodies
Article 6
(1)A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.
(2)Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.
Article 7
(1)Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention.
(2)They shall take directly all appropriate measures to—
(a)provide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms;
(b)keep one another informed about the operation of the Convention and, as far as possible, eliminate any obstacles to its application.
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Chapter IV · Procedural requirements in intercountry adoption
Article 14
Article 15
(1)If the Central Authority of the receiving State is satisfied that the applicants are eligible and suited to adopt, it shall prepare a report including information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the children for whom they would be qualified to care.
(2)It shall transmit the report to the Central Authority of the State of origin.
Article 16
(1)If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall—
(a)prepare a report including information about his or her identity, adoptability, background, social environment, family history, medical history including that of the child's family, and any special needs of the child;
(b)give due consideration to the child's upbringing and to his or her ethnic, religious and cultural background;
(c)ensure that consents have been obtained in accordance with Article 4; and
(d)determine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child.
(2)It shall transmit to the Central Authority of the receiving State its report on the child, proof that the necessary consents have been obtained and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed.
Article 17
Article 18
Article 19
(1)The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied.
(2)The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents.
(3)If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them.
Article 20
Article 21
(1)Where the adoption is to take place after the transfer of the child to the receiving State and it appears to the Central Authority of that State that the continued placement of the child with the prospective adoptive parents is not in the child's best interests, such Central Authority shall take the measures necessary to protect the child, in particular—
(a)to cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care;
(b)in consultation with the Central Authority of the State of origin, to arrange without delay a new placement of the child with a view to adoption or, if this is not appropriate, to arrange alternative long-term care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptive parents;
(c)as a last resort, to arrange the return of the child, if his or her interests so require.
(2)Having regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, where appropriate, his or her consent obtained in relation to measures to be taken under this Article.
Article 22
(1)The functions of a Central Authority under this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent permitted by the law of its State.
(2)Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under Articles 15 to 21 may be performed in that State, to the extent permitted by the law and subject to the supervision of the competent authorities of that State, also by bodies or persons who—
(a)meet the requirements of integrity, professional competence, experience and accountability of that State; and
(b)are qualified by their ethical standards and by training or experience to work in the field of intercountry adoption.
(3)A Contracting State which makes the declaration provided for in paragraph 2 shall keep the Permanent Bureau of the Hague Conference on Private International Law informed of the names and addresses of these bodies and persons.
(4)Any Contracting State may declare to the depositary of the Convention that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authorities are performed in accordance with paragraph 2.
(5)Notwithstanding any declaration made under paragraph 2, the reports provided for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph 1.
Chapter V · Recognition and effects of the adoption
Article 23
(1)An adoption certified by the competent authority of the State of the adoption as having been made in accordance with the Convention shall be recognised by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under Article 17, sub-paragraph c, were given.
(2)Each Contracting State shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention of the identity and the functions of the authority or the authorities which, in that State, are competent to make the certification. It shall also notify the depositary of any modification in the designation of these authorities.
Article 24
Article 25
Article 26
(1)The recognition of an adoption includes recognition of—
(a)the legal parent-child relationship between the child and his or her adoptive parents;
(b)parental responsibility of the adoptive parents for the child;
(c)the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made.
(2)In the case of an adoption having the effect of terminating a pre-existing legal parent-child relationship, the child shall enjoy in the receiving State, and in any other Contracting State where the adoption is recognised, rights equivalent to those resulting from adoptions having this effect in each such State.
(3)The preceding paragraphs shall not prejudice the application of any provision more favourable for the child, in force in the Contracting State which recognises the adoption.
Article 27
(1)Where an adoption granted in the State of origin does not have the effect of terminating a pre-existing legal parent-child relationship, it may, in the receiving State which recognises the adoption under the Convention, be converted into an adoption having such an effect—
(a)if the law of the receiving State so permits; and
(b)if the consents referred to in Article 4, sub-paragraphs c and d, have been or are given for the purpose of such an adoption.
(2)Article 23 applies to the decision converting the adoption.
Chapter VI · General provisions
Article 28
Article 29
Article 30
(1)The competent authorities of a Contracting State shall ensure that information held by them concerning the child's origin, in particular information concerning the identity of his or her parents, as well as the medical history, is preserved.
(2)They shall ensure that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State.
Article 31
Article 32
(1)No one shall derive improper financial or other gain from an activity related to an intercountry adoption.
(2)Only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid.
(3)The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered.
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
Article 39
(1)The convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States parties to such instrument.
(2)Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
Article 40
Article 41
Article 42
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